Searching for a Patent: Resources and Tools

It can be frustrating to submit a patent application only to learn that someone else has a patent on your invention or product. Whether you run a small business or are an entrepreneur, you don't want to waste time and money trying to secure a patent only to learn that the product already exists.

When you have a great invention that you want to protect and market, you need to do your homework. An online patent search can help you determine whether a patent for the invention already exists.

This FindLaw article provides resources and tools for an online patent search.

Patent Basics

The three types of patents are:

• Design
• Plant
• Utility

The United States Patent and Trademark Office (USPTO) has managed the patent system for over 200 years. The USPTO accepts and reviews inventors' patent applications. It also stores technological innovations created by people worldwide.

Once the U.S. Patent and Trademark Office (USPTO) completes its patent examination, it will deny or grant the inventor's request. If it approves the patent, it will grant the holder a monopoly over making, selling, and licensing their inventions for a limited time.

Depending on the type of patent, patents can last from 14 to 20 years. The patent becomes public domain after it expires. Once this happens, anyone can use the invention for any purpose. Plenty of expired patents are currently in the public domain that you can use as part of your invention.

If you come upon any patents in the public domain during your search, it's a sign that your patent may not be profitable. If other inventors have made the product or service, there's little point in requesting a patent for the same idea. It's not an original design, utility, or process.

Before You Conduct Your Search

Patent searches are not simple. Before logging in to the USPTO, you must prepare to search the database.

Create a Patent Keyword List

Before you start your research, brainstorm a list of keywords related to your invention. Identify keywords related to your produce or services:

• Classification
• Purpose
• Use

Conduct a search using the keywords you listed. See if any results are similar to yours.

Have a Patent Drawing

Have a diagram of your invention ready to compare against the images you find online.

Search for Similar Inventions

Don't forget that you can always use an internet search to start your research. If the USPTO database is overwhelming initially, type in your product type, design, or invention online. You can search that company on USPTO to get an idea of what key terms, inventions, processes, or designs to look for.

Then, go to the USPTO database and run a general search. Use a general search with a brief product description to see if it already exists. For example, if you want to develop an application that helps consumers locate a particular pair of shoes, you should ensure this app doesn't exist.

Patent searches take time and patience. But it is worth it to avoid wasting money on developing an idea you can't patent. The USPTO offers free educational webinars to help users understand the process.

Conduct an Online Patent Search

You can now use several methods to search the entire USPTO patent library. The route you take depends on your personal preferences. For example, if you're looking for information directly from the USPTO, you would search their database. But if you want a more expensive database, you can use Google.

The following search tools are available to you when looking for a current or expired patent:

• The USPTO website allows for a full-text search for patents dating back to 1836, patent applications from 2001 to the present, and images for every patent from 1790. The library also provides essential information, such as the patent's name, title, and number. You can run a basic or advanced search.
• The World Intellectual Property Organization (WIPO) Patentscope website allows you to search intellectual property worldwide.
• Google Patent Search is a traditional search engine option. Google has a separate search engine devoted to patents. Google's interface is more user-friendly than the USPTO site. Google offers information on the type of patent, patent date, or patent owner. Google gets its information from the USPTO's database, so you know it's accurate.

If you still have questions about how to patent your invention, contact an intellectual property attorney.

Online Fee-Based Services

In addition to the free search engines above, you can also use online fee-based services. These sites download information directly from the USPTO. They also catalog other information available from the internet and warehouse it in a single database.

Some of the fee-based search options include:

• Clarivate
• Cardinal IP
• PatBase
• Sagacious IP

Fee-based sites can help you find relevant patents and save you the time and aggravation of keeping track of every claim and keyword you research.

Small Business Administration Guidance

The Small Business Administration (SBA) understands the importance of securing a patent for a new product or service. The SBA offers seminars and virtual events to help patent seekers conduct a patent search. For example, in June 2024, the agency offered a virtual webinar on using the Patent Public Search Tool.

These tools are valuable to startups and existing business owners looking to add inventions to their product lines. You can visit the Small Business Development Centers (SBDC) to see what other business owners do regarding patents.

One virtual tool you may find invaluable is the SBDC's National Information Clearinghouse. This site contains helpful articles and links to free SBA assistance programs. These programs are free and will help guide you through the patent process.

Partnership Between the SBA and USPTO

For years, the U.S. Small Business Administration has partnered with the USPTO to help entrepreneurs secure intellectual property rights for new products and systems. However, according to the U.S. Government Accountability Office (GAO), this partnership isn't perfect.

The GAO has suggested that the two agencies work together to offer patent seekers training, toolkits, and tutorials to help with intellectual property issues. It's not enough to provide information on patent basics and trademark basics. The GAO clarified that the SBA and USPTO owe it to business owners, patent seekers, and entrepreneurs to offer mentoring and information services.

You should take advantage of these entrepreneur resources and initiatives.

Searching for Patents in a Federal Library

If you're uncomfortable doing online patent searches, you can do a comprehensive search at a Patent and Trademark Resource Center (PTRC). The PTRC is a network of libraries that house complete information on every patent the USPTO ever grants.

The PTRC is an excellent resource for finding patents. Not only does it have all the relevant information, but certain branches also offer training in patent searching techniques. All branches have librarians trained in search methods who can assist you in finding relevant patents.

Confirm Your Patent Search Findings

Your patent search is worthless if you don't confirm your findings. The last thing you want is to assume an invention is new based on information from an outdated site. If this happens, you'll waste time and money working to secure a patent for a product that belongs to someone else.

Whatever method you use, confirm your search results directly with the USPTO website. Also, if there is a question as to whether a patent covers your invention, contact a patent attorney to discuss the merits of your invention.

Get Peace of Mind: Hire a Patent Attorney

Using a novel technology is often a company's main competitive advantage. If you have questions or concerns about whether your invention is unique and patentable, consider meeting with a patent attorney near you. You can also visit FindLaw's patents section for more resources.